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(영문) 대법원 2018.08.01 2018도8251
특수공무집행방해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed the first instance judgment that found the Defendant guilty on the facts charged of this case on the grounds that there was no proof of crime, and sentenced the Defendant not guilty.

In light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the principle of court-oriented trials or the principle of direct deliberation.

In addition, the court below did not clearly determine whether the defendant's self-injury included in the facts charged of this case constitutes violence or intimidation, which is the attitude of obstructing the execution of official duties.

Even if the judgment of the court below was omitted, there was a error affecting the conclusion of the judgment.

subsection (b) of this section.

The Supreme Court precedents or lower court decisions cited by the prosecutor as the grounds of appeal are different from the case in this case, and thus it is inappropriate to invoke the case in this case.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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